Why Is Legal Separation a Popular Alternative to Divorce on Long Island?

As a Long Island Divorce Attorney with many years of practice in this field, many clients come to our Family Law firm seeking to learn more about Legal Separation. A Legal Separation is a very important option that should be discussed with your attorney before moving forward with your legal proceedings.

What is a Legal Separation & How Does it Work on Long Island?

A Legal Separation is an alternative to the common No-Fault Divorce. A Legal Separation is much less formal and is usually completed with little to no involvement by courts on Long Island. Rather, the parties enter into a legally binding contract, known as a Separation Agreement, and agree to live by the terms of that agreement. The agreement is negotiated and drafted by your Divorce Attorney and, when complete, is then filed with the Long Island court in the county in which you reside.

The terms of a Separation Agreement typically include all those that would be included in your Stipulation of Settlement had you gone through with a No-Fault Divorce. These terms include:

Child support

Maintenance

Distribution of marital property (such as the marital residence, automobiles and bank accounts)

Distribution of pension and/or retirement plans

Child custody and parenting time

Settlement and responsibility of debt

The Benefits of a Legal Separation on Long Island

One of the most appealing benefits of a Separation Agreement to some couples is that if you and your spouse reconcile during the period in which you are living under a Separation Agreement, the agreement can be invalidated. Rather than going through a Long Island divorce and officially ending your marriage, the Separation Agreement acts as a sort of “hold”. It can easily be converted into a divorce or invalidated so that you and your spouse can move forward in your marriage.

Another very appealing benefit to a Legal Separation concerns health care coverage for both spouses. After a divorce is finalized, ex-spouses are not covered under most employers’ health insurance plans. However, if you are not divorced, but are rather living pursuant to a Separation Agreement, you are not an ex-spouse so you can still be covered under most health insurance plans. There has been no final divorce decree so, technically speaking, you are still married. This allows both spouses to remain under the same health insurance, if employers’ insurance package allows such an arrangement.

Yet another benefit to countless Long Island couples is the ramifications, or lack thereof, with regards to Social Security benefits. Again, because you and your spouse are still legally married, you are considered married for the purposes of those benefits. The Social Security Administration allows a married person to collect their spouse’s benefits once the earning spouse begins to collect his or her benefits. This is vastly different from the requirements in place to allow a divorced person to collect their ex-spouse’s benefits. If you have divorced the earning (now ex-) spouse, your marriage has to have lasted at least ten years in order for you to collect Social Security benefits. For a lot of couples, they may strategically live under a Separation Agreement for an amount of time that allows the marriage to reach the 10- year mark.

If you are considering a Legal Separation, or have more questions about the process, please give our Divorce and Family Law firm a call at 631-923-1910 and schedule a free consultation. Before engaging in a Legal Separation, it is important to discuss your options, and the ramifications of your decision, with an experienced Long Island Divorce Attorney.

Download Your Free New York Divorce Guide

Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced family law lawyer, Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better.

As a divorce attorney practicing on Long Island, I know that for many Suffolk County and Nassau County residents, a separation agreement governs their schedules, finances and relationships with their children. It is expected that both spouses will follow the terms of the agreement, since they are terms that were…

Reviews

I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!

I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!

* indicates required

First Name *

Last Name *

Email Address *

Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

Hornberger Verbitsky, P.C. | 631-923-1910

Copyright 2019. All Rights Reserved. Hornberger Verbitsky, P.C.

445 Broadhollow Road, Suite 110, Melville, NY 11747 | 631-923-1910

Long Island Divorce Attorneys, Divorce Lawyers, Divorce Mediators, Family Law Attorneys serving Nassau County, Suffolk County and the five boroughs of New York City.

Hornberger Verbitsky, P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full Privacy Policy

Attorney Advertising. This web site is designed for general information only. The information presented in this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.